Does My Child Have a Say In Determining a Parenting Time or a Parenting Plan?

March 4th, 2024 by Tiffany Hughes

In determining whether a child will have a say in the allocation of his or her parents’ parental allocation, the answer is the same as that to most legal questions: it depends. There are several factors that courts consider when determining parenting time, all of which are designed to ascertain the arrangement that will ultimately be in the child’s best interest.

Does My Child Have a Say In Determining a Parenting Time or a Parenting Plan?

In Illinois, courts consider the wishes of the child in determining parenting time, while “taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time.” 750 ILCS 5/602.7(b)(2). A child’s maturity and ability to express logical preferences is not defined, but is rather left open to interpretation by the courts in each specific case. After all, each case, and family, is unique.

If a child is incapable of articulating his or her custody preferences, courts may use a child’s behavior to determine his or her preferences. In In re Marriage of Swafford, the parties’ children were too young to express with which parent they preferred to spend their time. However, the children exhibited significant behavioral issues only while at their father’s house, which was left to interpretation by the Court. In this specific matter, the Appellate Court used this information as an indicator of the children’s wishes and best interests being met at their mother’s, even though the children were too young to explicitly express this preference themselves.

However, it is important to keep in mind that a child’s preference is only one of several elements considered by courts when determining parental allocation. 750 ILCS 5/602.7(b) lists these elements, which include the wishes of the parents, the amount of time each parent has spent performing caretaking functions during the preceding two years, the child’s adjustment, and the mental and physical health of all parties involved. At the end of the day, the Court must consider all relevant factors before making a determination as to the parenting time arrangement in a given case.

Need More Information or Representation?

If you want to ensure your child’s best interests are met, and seek help with obtaining a favorable allocation of parental responsibilities, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in helping client’s with custody issues, parental responsibility, child support, simple and complex divorces including high asset and complex matters, while protecting privacy and advocating for our client’s best interests.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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